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How do you take a deceased person name off jointly owned title to land

Stevens Point, WI |

my husband and his 3 sisters and their mom all hold title to land in mississippi their mom passed and my husband is the executor lives in wi what must he do to just get his moms name off thank you

Attorney Answers 4


  1. If the language on the deed is set up for the survivors to have full ownership-then it is only necessary to file a death certificate.
    If not-the property would have to go through probate.
    It would be best for your husband to review the matter with a probate attorney.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. It depends on the wording of the deed - meaning if it is joint tenancy with right of survivorship or tenants in common. If Mom is a tenant in common her portion needs to go through her probate estate and be divided to her heirs (under her will if there is one (appears there is since you say husband is executor)(or under the law of intestacy if no will).

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. I suggest you consult with a local lawyer. I don't think there is a simple answer to this question that would still keep your husband (executor) safe and make sure that he fulfills his obligations as special administrator/personal representative.

    I would suggest that you consult a local lawyer to make sure this is done properly. Good luck.


  4. I agree with my colleagues and particularly, Attorney Pippen. It may well be as easy as recording a copy of the death certificate. It may not actually be necessary to "remove" your MIL from the title. If the deed is set up as joint tenants with rights of survivorship, then the last person standing is the owner of 100% of the property. If you ever need to sell or to refinance the property, you can always have death certificates recorded at that time. There is no penalty for having a deceased person on the deed, in this kind of situation.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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